Hardisty v Aubrey

Hardisty v Aubrey

The trial judge's finding of cessation was logically inconsistent with his acceptance of the claimant's credibility and contemporaneous evidence. The late emergence of the cessation issue and failure to put it properly to the claimant rendered the trial unfair. The appeal is allowed, and the case is remitted for rehearing limited to acceleration and quantification, with causation determined in the claimant's favour.

Parties
Claimant/appellant: Tania Louise Hardisty; Defendant/respondent: Anne Aubrey
Jurisdiction
England and Wales
Judgment Date
13 July 2006
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
appeal allowed
Legal Topics
Causation, Damages, Whiplash Injury, Acceleration of Symptoms, Fair Trial
Personal Injury Tort Causation Damages Whiplash Injury Acceleration of Symptoms Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Tania Louise Hardisty

Claimant/appellant

Anne Aubrey

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding a cessation of symptoms and thus a break in causation between the accident and ongoing symptoms
  2. 2 Whether the trial was unfair due to the late emergence of the cessation issue
  3. 3 Whether the case should be remitted for a full rehearing or limited to specific issues

Ratio Decidendi

The trial judge's finding of cessation was logically inconsistent with his acceptance of the claimant's credibility and contemporaneous evidence. The late emergence of the cessation issue and failure to put it properly to the claimant rendered the trial unfair. The appeal is allowed, and the case is remitted for rehearing limited to acceleration and quantification, with causation determined in the claimant's favour.

Court Disposition

appeal allowed

Orders

  • Action remitted to Cardiff County Court for rehearing limited to issues of acceleration and re-quantification of the claim
  • Rehearing not to be listed before Mr Recorder David Phillips QC